Hi-vantageLLC 2020 MetcalfSt. Honolulu, HI96822 (808) 223-4013

June 9, 2015

U.S. DepartmentofTransportation Docket Management System 1200 New JerseyAve., SE WashingtonDC 20590

Re: Exemption Request Pursuant to Section 333 ofthe FAA ReformActand Part II ofthe Federal Aviation Regulations from: 14 CFR 45 .23 (b); 14 CFR21; 14 CFR 61.113(a) and (b); 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 91.103 ; 91.109; 91.119(c); 91.121; 91.151(a); 91.203 (a) 

### & (b); 91.405(a); 91.407(a)(l); 91.409 (a)(l) and (2); 91.417(a) and (b).
Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Rcfonn Act of2012 (the "ReformAct") and 14 C.F.R. Part 11, Hi

-vantage an operator of Unmanned Aircraft System s ("UASs") for aeria l photography and filming operations for a range ofbusiness including insurance, real estate, agriculture, infrastructure inspection, aerial 3D mapping, disaster relief assistance, travel video/photography, and motion picture, television, and internet video production, hereby applies for an exemption from the Federal Aviation Regulations ("F ARs") to allow commercial operation ofits UASs

. To date, the FAA granted numerous exemptions to UAS operators. Hi

-vantage's requested exemption would permit the operation ofsmall, unmanned UAS under controlled and "sterile" airspace that is: (i) limited, (ii) predetermined, (iii) subject to controlled access, and (iv) provide greater safety in connection with aircraft operations in the film and television industry

. As established by the exemptions already granted by the FAA, approval of Hi-Vantage's exemption would enhance safety and fulfill the Secretary ofTransportation' s (the FAA Administrator's) responsibilities to "

. . . establish requirements for the safe operation ofsuch aircraft systems in the national airspace system. " Section 333(c) ofthe Reform Act. The name and address ofthe applicant is: George Russell Hi

-vantage LLC 2020MetcalfSt. Honolulu, ill96822 (808) 223-4013 This exemption application is expressly submitted to fulfill Congress' goal 

### in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. ln making tbis

### determination. the Secretary is required to detennine which types ofUASs do not create a hazard to users ofthe NAS or the public orpose a threat to national securityinlight ofthe following:

• TheUAS's size, weight, speed, and operational capability; • Operationofthe UAS in close proximity to airports and populated areas; and • Operation ofthe UAS within visual line ofsightofthe operator. The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defmcd under §40101 of the Act, that includes UASs, from the requirement that all civil aircraft must have a current airworthiness certificate. UASs operated by Hi-vantage weigh less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). They operate at speeds ofno more than 50 knots, can hover, and can simultaneously move vertically and horizontally. Hi-vantage will only operate its UASs in line ofsight and will operate only within the sterile area. Such operations will insure that the UAS will "not create a hazard to users of the national airspace system orthe public." Hi-vantage seeks an exemption to operate the DJI Phantom 2 and 3, DJI Inspire! , DJI 8900, DJI SIOOOFreefly Cinestar 8, and 3d Robotics "Solo'' UAS for compensation or hire withinthe NAS. A copy ofthe operating handbook for each aircraft will be submitted with this exemptionrequest. Each UAS has
a maximum gross weight under 10 pounds, maximum speed of49 mph (approximately 42 knots), a run time ofapproximately 30 minutes. Each UAS operated by Hi-vantage will be registered in accordance with 49 U.S.C. 44103 , Registration of Aircraft, as well as 14 C

.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. Given the small size ofHi-vantage's UASs and the restricted sterile environment within which they will operate, Hi-vantage's UAS operations adhere to the Reform Act's safety requirements. Additionally, due to the size ofthe UASs and thelimited areas inwhich they will operate, approval ofthis application presents no national security issues. Based on the substantial level ofsafety surrounding the proposed operations, and the significant public benefit (enhanced safety), reduction in environmental impacts (reduced emissions and noise), the grant of the requested exemption is in the public interest. Accordingly, Hi

-vantagerespectfully requests thatthe FAA grantthe requested exemption without delay. Aircraft and equivalentlevel ofsafety The applicant proposes that the exemption requested apply to civil aircraft that have the characteristics and that operate \vith the limitations listed. These limitations provide for at least an equivalent or even higher level ofsafety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe aerial photography and aerial filming for movie and television filming operations conducted with conventional aircraft. These lintitations and conditions to which Hi-vantage agrees to be bound when conducting commercial operations under an FAA issued exemption include: 1. The UAS will weigh less than 55 lbs. 2. Flights will be opemted within line ofsight ofa pilot and/or observer. 3. Maximum total flight time for each operational flight will be 30 ntinutes. Flights will be terminated at 25% batterypowerreserve should that occurprior to the 30 minute limit.4. Flights will be operated at an altitude ofno more than 400 feet AGL. 5. Minimum crew for each operationwill consist ofthe UAS Pilotand the Visual Observer. 6. UAS pilot will be an FAA licensed 

### airman with atleast a SportPilot's certificate. 7. UAS Pilot assumes all duties andresponsibilities as Pilot in Command (PIC). 8. The UAS will onlyoperate within a confined " Sterile Area". Securitywill beperformed by the operator and designated securitypersonnel. 9

. A briefing will be conducted in regard to the planned UAS operations prior to each day' s production activities. It will be mandatory that all personnel who will be perfomling duties within the boundaries ofthe safety perimeterbepresent for this briefmg. 10. The operatorwill obtain the consentofall persons. 11. When required, the operator \Vill submit a written Plan ofActivities to the nearest FSDO 72 hoursprior theproposed shoot. 12. Pilot and observer will have been trained in operation ofUAS generally and received up-todate information on the particularUAS tobeoperated. 13. ALL crew members will at all times be able to communicate by ONLY voice communications as to ensure all crew members maintain a visual contact with the UAS at ALL 

### TIME. 14. Written and /or oral permission from therelevantpropertyholders will be obtained. 15. All required pemlissions and permits will be obtained from territorial, state, county or city jurisdictions, including local Jaw enforcement, fire, or other appropriate governmental agencies. 16

. Ifthe UAS loses communications or loses its GPS signal, the UAS will have capability to retwn to a pre-determined location within the Security Perimeter and land

. 17

. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. The Plan ofActivities The Plan ofActivities must include the following:

Briefing 1. Dates and times for all flights; 2. Name andphone number ofthe person responsiblefor the photography 

### I filming event; 3. Name and phonenumber ofthepersonresponsiblefor the aircraft; 4. Make, model and serial number and/orregistration numberofall UAS t to be used; 5

. Name and certificate number, 

### ifapplicable, ofall crcwmembcrs to be utilized in the event including copies ofF AA Medical Certificates and endorsements; 6. A statementthatthe WaiverHolderhas obtainedpermissionfrom property owners and/or local governmental officials to conductthe event; 7. Signature ofWaiverHolderorrepresentative; 8. A description ofthe flight activity including maps ord.iagranlS ofany area, city, town, county, and/or State over whichfilming willbe conducted and the nlinimum altitudes essential to accomplish the operation.

Hi-vantage and the eventrepresentative will conduct a verbal andwritten briefing for the members involved, including emergency, ifapplicable, and security personnel. This briefingwill be conducted prior to each day's UAS activities and will include the following items. 1. Authorization UAS flight operations, PlanofActivities, specialprovisions and any additional provisions issued bythe Flight Standards District Office havingjurisdiction overthe photo 

### I filming area.2. Radio communications. 3

. Takeoffprocedures. 4. Aviation activities to be conducted during the event. 5. Approach and landing procedures. 

### 6. Alternate landing zone inthe event ofemergency or security breach. 7. Recall procedures. 8. Emergencyprocedures. 9. Possible riskto personnel that are involved. 10. Control ofnon-participating persons. 11. Location ofboundaries or deadlines, man-made or natural, readily visible to the participants. 13. Local governmental limitations,restrictions, or any special circumstances, such as noise sensitive areas, time ofdayrestrictions orchanges in operatingprocedures. Security The exclusionfrom the flight operations area ofunauthorized persons, vehicles oraircraft will be enforced bydesignated event personnel, private security officers or sworn law enforcementofficers at the direction ofHi

-vantage. Hi-vantage or representative will haltflight operations in the eventunauthorized persons, vehicles
or aircraft enterthe flight operations area. A predetermined abort signal willbe used to halt flight operations should a breach ofperimeter security occur, or for any other reason in the interest ofsafety. Alternate UAS landing sites will be made available prior to the startofthe event.

Regulations from which the exemption is requested: 14 CFRPart 21 14 C.F.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 CFR91.9 (b) (2) 14 C.F.R. 9l.l03 14 C.F.R. 91.109 14 C.F. R. 91.119 14 C.F.R. 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 

### (a) 14 CFR 407 

### (a)(I) 14 CFR409 (a) (2) 14 CFR417 (a) & (b)

14 C.P.R. Part 21 , SubpartH: Airworthiness Certificates 14C.F.R. §91.203 (a) (1)Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstrates that the UAS operated without an airworthiness certificate, inthe restricted environment andunder the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or tlammable liquid fuels, and operates exclusively within a secured area as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored byboth the operator, pursuant to the Manual's requirements, and under the requirements andin compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional filming. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television production, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible thre-at to national security posed by the UAS, due to its size, speed ofoperation, location ofoperation, lack of explosivematerials or flammable liquid fuels, and inability to carry a substantial external load. 14 C

.F.R. 

### § 45.23 (b). Marking ofthe Aircraft The regulationrequires: When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operatormust also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "Light-sport," "experimental," or "provisional," as applicable

. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word Experimental" can be placed. Given the size ofthe sUAV, two-inch lettering will be impossible. The word "Experimental" will be placedonthe fuselage incompliance with §45.29 (f). The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. 

### § 61.113 (a) & (b): Private Pilot Privileges andLimitations: Pilotin Command. Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS will not cany a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety of current operations byrequiring the PIC operating the aircraft to have a private pilot's license rather than a

### commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries th

. e pilot and passengers, the UAS is remotely controlled with no living thing on board. The area ofoperation is controlled andrestricted, and all flights are planned and coordinated in advance as setforth in the Manual. The level of safety provided exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. The 

### risks associated with the operation of the UAS arc so diminished from the level ofrisk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the UAS as requested with a private pilot as the PIC exceeds the present level ofsafety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in 

### airworthy condition. As there 

### will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist 

### for determining airworthiness. Given the size of the aircraft and the requirements contained in the Manufacturer's Operating Manual for maintenance and use ofsafety check lists priorto each flight, an equivalent level ofsafety will be provided. 14 C.F.R

. § 91.9 (b) 

### (2): Civil Aircraft FlightManual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.-registcrcd civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in 

### the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and confLguration has no ability orplace to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738. 9299, 9299A, 9565, 95658, 10167, 10167A, 10602,32827, and 10700.

14 C.F.R. 

### § 9l.l03: Preflight action This regulation requir es each pilot in command to take certain actions before flight to ins ure the safety of flight. As 

### FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing andtakeoffdistances and aircraft performance data 

### before injtiation offlight. 14 C.F.R. §9 1.109: Flightinstruction: Section91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is beingused for flight instruction unless that aircraft has fully functioning dual controls.UASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for 

### flight instruction 

### in experimental aircraft. The equivalent level ofsafety can be achieved 

### as neither a pilot nor passengers will be carried 

### in the aircraft 

### in addition to the small size and low speed ofthe aircraft. 14 C.F.R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevatedplatform from which filming isplanned, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 400 AGL. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to opemtions without their pre-obtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe UAS as well as the location where it is operated. No flight will be taken without the pennission ofthe property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected indi viduals will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the max i mum 55lbs. proposed herein and the lack of flammable fuel , any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500. In addition, the low

-altitude operations of the UAS will ensure separation between these small

-UAS operations and the operations ofconventional aircraft that must comply with Section 91.119. 14 C.F.R

. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain crmsmg altitude by reference to an altimeter that is set"

. . . to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, by receiving altitude information via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground-based on-screen display. This altitude information will be generated by equipment installed on board the aircraft, using GPS triangulation, or digitally encoded barometric altimeter, or radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the pilot. 14 C.P.R.§ 91.15l(a): Fuel Requirements for Flightin VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed

- (I) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes." The batterypowering the UAS provides approximately40 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately I0minutes in length. Given the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetennined area, a longer time frame for flight in daylight or night VFR conditions isreasonable. Hi-vantage believes that an exemption from 14 CFR §91.15l(a) falls within the scope of prior exemptions. 

### See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engenderthe type ofrisks that Section 91.15l(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to I0 minutes would greatly reducetheutility forwhich the exemption will be granted. Hi-vantage believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% ofbattery power whichever happens first. This restriction would be more than adequate to return the UAS to itsplanned landingzone from anywhere in its limited operating area. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides inpertinentpart: (a) Except as provided in§ 91.715, no person may operate a civil aircraftunless it has the following: (1) An appropriate and current airworthiness certificate
.. . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance sothat 

### it is legible to passengers or crew. The UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level ofsafety will be achlcvcd by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extentthey are applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565,9665,9789, 9789A, 9797, 9797A, 9816A, and 10700.
14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter
...," and others shallinspectormaintain the aircraft 

### in compliance with Part43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplishedby the operatorpursuant to the flight manual and operating handbook. As the manufacturer does not provide specific maintenance instructions, maintenance will be "on condition" for all aircraft and each aircraft will have a maintenance log.An equivalent level ofsafety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. 

### If mechanical issues arise the UAS can landimmediately and will be operating from no higherthan 400 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating t1ight, performrequired maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. If the operator encounters a maintenance issue which cannot be addressed, the UAS will be returned to the manufacturer or a qualified repair facility where such repairs or maintenance can beperformed. Pursuant to 14 C.F.R. Part II, the following summary is provided for publication in the Federal Register, should itbe determined thatpublicationis needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) 

### & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.15l(a);9l.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in aerial photography and aerial filming operations. Approval of exemptions allowing commercial operations of UASs in the aerial photo and film industry will enhance safety by reducing risk. Conventional film operations, using jet or piston power aircraft, operate at extremely low altitudes just feet from the subject being fi l med and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs. , carrying large amounts of jet A or other fuel. Such aircraft must fly to and from the film location. In contrast, a UAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually 

### all ofthat risk given the reduced mass and lack ofcombustible 

### fuel carried on board. The UAS is carried to the film set and not flown. The UAS will carry no passengers or crew and, therefore, will not expose them to therisks associated with manned aircraft flights. The operation of small UASs, weighting less than 55 lbs., conducted 

### in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, arc far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people. Privacy All flights will occm over private or controlled access property with the property owner's prior consent and knowledge. Filming will be ofpeople who have also consented to being filmed or otherwise have agreed to be inthe area where filming will take place.
Ifyou have any questions orneed any additional information, please contact the undersigned at 808.223.4013 or gynnedia@mac.com. Sincerely yours,

# ~~ GeorgeRussell Hi-vantage, LLC